Court No. - 55
Case :- APPLICATION U/S 482 No. - 4254 of 2019 Applicant :- Kapil And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anil Kumar Shukla, the learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 19th August, 2017 as well as the consequential proceedings in Case No. 13649 of 2017 (State Versus Suresh & Others), under Sections 147, 148, 149, 323, 307 and 504 I.P.C. arising out of Case Crime No. 1032 of 2014, Police Station Kotwali, Nagar, District Muzaffarnagar pending in the Court of Chief Judicial Magistrate, Muzaffar Nagar.
Learned counsel for the applicants fairly submits that subsequent to the passing of the order dated 19th August, 2017, Non-Bailalabe Warrants have been issued against the applicants. The applicants are ready to appear before the court below provided some indulgence is granted by this Court.
In view of the bona fide stand taken by the learned counsel for the applicants, it is hereby provided that the applicants shall appear before the court below on or before 25th March, 2018. Till 25th March, 2018, no coercive action shall be taken against the applicants. In case the applicants appear before the court below, as directed above, then the bail application of the applicants shall be considered expeditiously in light of the law laid down by this Court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151.
However, in case the applicants fail to comply with the aforesaid direction, then interim protection granted by this Court as well as the direction issued to the court below to decide the bail application of the applicants as per the judgment of this Court in the case of Brahm Singh (Supra) shall stand automatically revoked and the court below shall be free to proceed with the matter in accordance with law.
With the aforesaid observations/directions, the present application stands finally disposed of.
(Rajveev Misra, J.) Order Date :- 21.2.2019 Sushil/-